KIRTILALA DEVNATH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with C.R. No. 75 of 2019 registered with Malad Police Station, Mumbai, for the alleged offences punishable under Sections 419 , 420 , 465 , 467 , 468 , 471 , 120(B) of the Indian Penal Code and under Section 66 (C), (D) of Information Technology Act.

(2.) The prosecution case is that the complainant - Subirkumar Parui, a Senior Accountant at Ator Health Care Private Limited. The company's account was hacked and an amount of Rs.49,40,000/-was transferred from the company's account to the account of three persons i.e. Sanjay, Darshana and Anilkumar. The said account of the company was a Cash Credit account with the Indusind Bank. As the company's director - Prashant Shah son's mobile number was registered with the said bank, SMSs of the said transfers were received by him. The said amounts were transferred by R.T.G.S. and I.M.P.S. on 30th January, 2019 and 31st January, 2019. Pursuant thereto, the complainant lodged an FIR against unknown persons for hacking company's account. During the course of investigation, the applicant was arrested. As far as the amount of Rs.49,40,000/-, transferred from the company's account is concerned, the applicant is not the direct beneficiary. It appears that co-accused - Sanjay had received Rs.17 lakhs, i.e. amount transferred from the company and that the said co-accused - Sanjay had withdrawn Rs.17 lakhs from his account and handed over a sum of Rs.12,67,000/- to the Applicant.

(3.) Learned Counsel for the applicant submits that the applicant has not received the amount directly from the company's account. He submits that the applicant had no reason to believe that the amount received by him was obtained by dubious means.